Pre-arrest bail granted due to vague allegations and lack of evidence against accused teachers in a harassment case involving a minor.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicants are the accused Nos. 1 to 8 in Crime No 584/2025 of Hill Palace Police Station, Ernakulam. The offences alleged are punishable under Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 and Section

92(b) of the Rights of Persons with Disabilities Act , 2016. 3. Applicants are teachers and non teaching staff members at the Special School named Mridulasparsham at Irumpanam, Tripunithura. The victim is a student attached to the Special School. The prosecution allegation is that during the period between 02.06.2025 and 26.06.2025, the applicants subjected the minor victim diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), to physical and mental harassment within the school premises, including the classroom and thereby committed the offences.

4. I have heard Sri.John Sebastian Ralph V., the learned counsel for the applicants and Sri.Noushad K.A., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The applicant Nos. 1, 2, 5 and 6 are qualified Special Education Staff, applicant No.3 is engaged as Office Assistance Staff, applicant No.4 serves as Supporting Staff, applicant No.7 is the Headmistress and applicant No.8 is the Counsellor of the aforesaid institution. The investigation reveals that the victim was admitted to the institution on 02.06.2025 and was withdrawn on 26.06.2025. The school has evaluated the behaviour of the victim and has prepared a report. The said report has been produced as Annexure 2. The report shows that the victim’s mother reported that he showed laziness always in writing and learning and also showed escapism and tantrums while he was asked to do his homeworks. The report also reveals that the victim’s mother reported that he fractured his right hand and leg during his hyperactive behaviour at school when he tried to jump out of the school premises. I went through the FIS. The allegations therein are so vague to attract the alleged offences. The applicants have no criminal antecedents. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicants.

In the result, the application is allowed on the following conditions:-

(i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the pro